If the negotiations fail to lead to agreement on the terms of a settlement, then the claimant could choose to file a lawsuit. Yet the possible utilization of the medication process would allow for consideration of an alternative dispute resolution (ADR) of the contentions that have stemmed from the different claims.
Rules on procedure used during mediation session
The mediator, someone that would qualify as a neutral party facilitates completion of the process/session. Later, none of the statements made by either party can be introduced in court, if the ongoing session does not end with creation of a compromise.
The plaintiff speaks first, presenting his or her argument, and suggesting a possible means for resolution of the ongoing dispute. After that, the other side has a chance to suggest the method for approaching a suitable compromise.
The mediator could be present at the earliest discussions; during later discussions, any mediators would enjoy the option of following whatever pattern suits them. Some mediators could shuttle from one side to the other, encouraging a given party to envision the concerns of the opposite party.
Others could let the two sides meet, before trying to interject their own thoughts, regarding what might aid creation of a compromise. However, the discussions might be structured, all of them should continue until the 2 disputing parties have agreed on the terms of a compromise. If the 2 disputing parties had not compromised with each other, then it would be necessary to schedule a trial.
What would be the chances that a given mediation session could lead to a satisfactory agreement between the 2 opposing sides?
The chances would be good, if the disputing parties had selected an experienced and trained mediator. Once a mediator has experienced the satisfaction that comes with resolving a dispute, he or she usually feels compelled to strive towards a similar conclusion, while acting as a facilitator at any similar session. That would be any meeting/session where those with opposing views are expected to take part in mediating their disputed claims.
How could those that have chosen to utilize the mediation process go about finding a suitable mediator?
While retired judges make good arbitrators, any one of them could also function as a mediator. Yet no one should expect experienced Injury Lawyer in Cambridge to be good mediators.
Today, a number of law schools are trying to make up for the fact that students in the past did not learn much about mediation sessions. Today, the students graduating from such schools take a course on mediating and settling a dispute. Hence, any of those same recent graduates could fill the shoes that are supposed to be worn by a well-trained and neutral party/mediator. Ideally, the disputing parties had should select a mildly experienced and trained mediator.
Once a mediator has experienced the satisfaction that comes with resolving a dispute, he or she usually feels compelled to strive towards a similar conclusion, while acting as a facilitator at any similar session.